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GARRETT v. BAMFORD

No. 77-2556.

582 F.2d 810 (1978)

Donald F. GARRETT, Sharon B. Garrett, Vera A. Turpin v. James B. BAMFORD, Chairman, David Shirey, Stewart DeTurk, Board of Assessment Appeal, County of Berks. Donald F. Garrett, Sharon B. Garrett, Vera A. Turpin, Annie Louise Inman, Nancy Anne Johnston, Clarence G. Coad, Marilyn C. Coad, Gable Gidden and William Crawford, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 11, 1978.

Attorney(s) appearing for the Case

Harold E. Kohn, Stuart H. Savett, Donald L. Weinberg, Kohn, Savett, Marion & Graf, P.C., Philadelphia, Pa., for appellants.

Edwin P. Rome, Matthew J. Siembieda, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., Joseph E. DeSantis, Terry D. Weiler, McGavin, DeSantis & Koch, Reading, Pa., for appellees.

Before SEITZ, Chief Judge, and ALDISERT and HUNTER, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

When this case was previously before us in 1976, Garrett v. Bamford, 538 F.2d 63, (Garrett I), we determined that the Pennsylvania statutory procedure to review county real estate tax assessments did not provide appellants with the "plain, speedy and efficient remedy" in Pennsylvania courts to make operative the prohibition of the Tax Injunction Act, 28 U.S.C. ...

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